United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hammer v. Garfield Mining & Milling Co., 130 U.S. 291 (1889)

Hammer v. Garfield Mining and Milling Company

No. 207

Submitted March 15, 1889

Decided April 8, 1889

130 U.S. 291

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF MONTANA

Syllabus

The modes of procedure in Montana being substantially the same at law and in equity, if the trial court there calls a jury in a case where the remedy sought is equitable, and the trial is conducted in the same manner as a trial of an issue at law, and there is a general finding by the jury, and the

Page 130 U. S. 292

case is brought here by writ of error, the finding will be treated here as if made by the court and as covering all the issues, and the only questions which can be considered here are those arising from the rulings in the admission or rejection of evidence and those respecting the inferences deducible from the proofs made.

In the absence of a provision of statute in Montana respecting the manner of authenticating a copy of the certificate of incorporation of a corporation of a state, filed in the records of a County of Montana, the certificate of the original custodian in the origin, under his seal of office, is a sufficient authentication.